Employment

The Ashfords Employment and Human Resources Team provides pragmatic, rigorous and commercial advice in both the private and public sectors, to employers and senior employees/executives in a range of litigious and non-contentious matters.

Our lawyers have considerable experience of supporting clients and advising them on all issues that can arise from beginning to end of the employment relationship, including HR advice, the preparation of employment contracts, service agreements and handbooks, restructures and redundancy, the TUPE implications on the sale or purchase of businesses and the successful management of all litigation matters in Courts and Employment Tribunals. 

The size and resource of our team means that we can support clients' HR needs wherever and whenever assistance is needed. Clients tell us that they value our approachability and willingness, our ability to understand their businesses and objectives.

Specialisms
  • Immigration
  • Handbooks, policies and procedures
  • Maternity issues and "family friendly" policies
  • Advice and HR support
  • Litigation and trial advocacy, including unfair dismissal, wrongful dismissal and breach of contract, discrimination issues of all types, including harassment and bullying, equal pay, whistle-blowing, and pursuing and defending injunctive proceedings
  • Contracts, terms and conditions of employment & Service Agreements
  • Working time
  • Restructures and redundancy
  • Trade union recognition and industrial disputes
  • Grievance, disciplinary, capability and dismissal procedures
  • Termination packages
  • Employment Covenants, post-termination restrictions, confidential information and High Court representation
  • All employment aspects of business and company sales and purchases, and public sector outsourcing projects, including TUPE and the negations of warranties and indemnities
  • Employing foreign workers and business immigration
  • Data protection
  • Internal training
Relevant Experience
  • Successful defence of for a large employer against a claim of automatic unfair dismissal by an ex-employee in relation to whistleblowing. Work included advising and preparing pleadings and witness statements. The claim was successfully defended, and a full costs award made in favour of Respondent on application (Partner Stephen Moore & Solicitor Emily Felton). Representation of the Respondent in relation to the enforcement of the costs award and an application for review of the costs award by the Claimant (decision upheld). Also advising the Respondent on proceedings brought by Claimant in the Employment Appeal Tribunal
  • Acted for multinational pharmaceutical company on TUPE issues arising out of the re-letting of a contract operated by a company in the UK to a company in another jurisdiction. Work included advising the internal legal and management team on the possible application of TUPE, the identification of potentially affected employees and achieving a commercial solution to ensure that there was not a break in supply. Advised on all legal, commercial and tactical issues arising in the absence of clear TUPE exit provisions in the outgoing contract and how best to achieve a cost-effective solution whilst maintaining good relationships with the outgoing and new contractors
  • Bringing a claim under Article 6 claim in the European Court of Human Rights.The value of the Claim is in excess of £1m
  • Provided HR and employment law support on  cross-border corporate acquisition including:  due diligence,  employment issues in the Sale and Purchase Agreement, a Settlement Agreement for a departing Director and a new Contract for the remaining Director, and securing a new Sponsor Licence under Tier 2 of the points-based system for the UK company
  • Representing a local authority  in the complex defence of an unfair dismissal and race and disability discrimination claim brought by a litigant in person (whose Witness Statement ran to 125 pages), with allegations going back nearly 10 years
Accolades

Ashfords LLP wins 'Employment Team of the Year' at The Lawyer Awards 2016